DavidA7 (California)
Posts: 179
Posts: 179
Posted:
A homeowner with a rental tenant sent us the following
Q: Did I respond correctly and should we get involved if requested?
1st background: Tenant has multiple written noise complaints filed against them. HOA met with Homeowner, Homeowner and rental tenant and came to a mediated settlement that the Rental Tenant subsequently failed to abide by. A police report was filed during one of the excessive noise episodes but no police response due to excessive after hours noise. Board ended-up fining unit at its highest fine level due to noise issue and willful disregard of HOA noise policies by tenant as reported by multiple Homeowners. Then we got the following today:
Last night **** and I were sitting out in the patio, talking and sharing a glass of wine. I had not gotten back from work until around 9:30pm and we wanted to spend some time outside, as it was a nice night. At approximately 10:40-10:45, when we we gathering our things to go inside, a large African-American man we did not recognize but knew not to be a tenant, approached our gate and began to talk to us in a rude, offensive, and threatening manner. He wanted us to be quieter, but instead of asking in a polite manner, he opened the conversation by swearing at us. (Among the words he used were "f*cking", "motherf*cking", and "ass*oles".) He even had the audacity to say we were being disrespectful. Finally, at some point in the conversation he told us "we had better be quiet". This was an overt threat. And when he asked for his name, in case we wanted to call the police, he refused to give it to us. In short, we felt that it was appropriate to come to our doorstep, swear and threaten us, and then walk away.
As I told you on the phone, we were able to determine that this was the boyfriend of the owner/tenant in Unit #3. As she is both an attorney and on the board, she of all people should know how inappropriate this confrontation was. Further, I notified you around fifteen minutes after this incident via phone call and text. The reason that I did not call you immediately was we were contemplating whether or not to call the police. That is how serious and invasive we took this individuals conduct. And as we discussed, please inform the owner of Unit #3, that if this individual comes by our unit again, we won't hesitate to call the police. The fact is this is a stranger, a non-tenant, freely roaming inside the confines of the building, without an escort. This makes both NAME OF RENTAL TENANT and I understandably uncomfortable, but her more so, as I often an working late, and she is there alone with her son.
Please keep me informed about how the board is going to address this situation. I know we are only there for another month, but it should not be a month wherein we feel unsafe or threatened.
OUR RESPONSE
UNIT OWNER,
Thank you for bringing this to our attention. Does your tenant wish to make this a formal complaint? If so, please follow HOA procedure and write a letter to the HOA Board and have it delivered via mail and the Board will discuss how to proceed. If there was police action then we would have been able to consult with our Management Company immediately to determine if the HOA could get involved ASAP but at this point with only two parties it becomes he said/she said. At this time without a formal written complaint, secondary witnesseses or even Police action we may not be able to get involved. Procedure could include bringing both sides together to hear both sides of the story. Only from that point can the Board make an informed decision on how to proceed and if we can proceed under the laws governing us. As always we will take a fair and equitable examination of this issue.
I would also like to make you aware that your tenants conversations in their patio on the night in question woke both my Wife and I up around 10:30pm. I too was going to approach them about it but ended-up just closing all my windows and doors to my bathroom.
As I would advise all owner's and tenants if there is an issue of any circumstance where they feel threatened they should call the police.
My name - HOA President
Q: Did I respond correctly and should we get involved if requested?
1st background: Tenant has multiple written noise complaints filed against them. HOA met with Homeowner, Homeowner and rental tenant and came to a mediated settlement that the Rental Tenant subsequently failed to abide by. A police report was filed during one of the excessive noise episodes but no police response due to excessive after hours noise. Board ended-up fining unit at its highest fine level due to noise issue and willful disregard of HOA noise policies by tenant as reported by multiple Homeowners. Then we got the following today:
Last night **** and I were sitting out in the patio, talking and sharing a glass of wine. I had not gotten back from work until around 9:30pm and we wanted to spend some time outside, as it was a nice night. At approximately 10:40-10:45, when we we gathering our things to go inside, a large African-American man we did not recognize but knew not to be a tenant, approached our gate and began to talk to us in a rude, offensive, and threatening manner. He wanted us to be quieter, but instead of asking in a polite manner, he opened the conversation by swearing at us. (Among the words he used were "f*cking", "motherf*cking", and "ass*oles".) He even had the audacity to say we were being disrespectful. Finally, at some point in the conversation he told us "we had better be quiet". This was an overt threat. And when he asked for his name, in case we wanted to call the police, he refused to give it to us. In short, we felt that it was appropriate to come to our doorstep, swear and threaten us, and then walk away.
As I told you on the phone, we were able to determine that this was the boyfriend of the owner/tenant in Unit #3. As she is both an attorney and on the board, she of all people should know how inappropriate this confrontation was. Further, I notified you around fifteen minutes after this incident via phone call and text. The reason that I did not call you immediately was we were contemplating whether or not to call the police. That is how serious and invasive we took this individuals conduct. And as we discussed, please inform the owner of Unit #3, that if this individual comes by our unit again, we won't hesitate to call the police. The fact is this is a stranger, a non-tenant, freely roaming inside the confines of the building, without an escort. This makes both NAME OF RENTAL TENANT and I understandably uncomfortable, but her more so, as I often an working late, and she is there alone with her son.
Please keep me informed about how the board is going to address this situation. I know we are only there for another month, but it should not be a month wherein we feel unsafe or threatened.
OUR RESPONSE
UNIT OWNER,
Thank you for bringing this to our attention. Does your tenant wish to make this a formal complaint? If so, please follow HOA procedure and write a letter to the HOA Board and have it delivered via mail and the Board will discuss how to proceed. If there was police action then we would have been able to consult with our Management Company immediately to determine if the HOA could get involved ASAP but at this point with only two parties it becomes he said/she said. At this time without a formal written complaint, secondary witnesseses or even Police action we may not be able to get involved. Procedure could include bringing both sides together to hear both sides of the story. Only from that point can the Board make an informed decision on how to proceed and if we can proceed under the laws governing us. As always we will take a fair and equitable examination of this issue.
I would also like to make you aware that your tenants conversations in their patio on the night in question woke both my Wife and I up around 10:30pm. I too was going to approach them about it but ended-up just closing all my windows and doors to my bathroom.
As I would advise all owner's and tenants if there is an issue of any circumstance where they feel threatened they should call the police.
My name - HOA President